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New Horizon Mine <br />TR-58 Adequacy Review <br />10-Oct-2008 <br />Page 4of5 <br />Appendix B - Vegetation Studies for 2007 <br />18) WFC is requesting 310.4 acres for Phase 2 bond release. Several acreage <br />discrepancies are noted in the application. Please identify and clarify the <br />acreages that are being requested. <br />The Study areas identified in Section 2.1 of the report include 240 acres of <br />reclaimed irrigated pasture. Map R-2 shows 241.5 acres for Irrigated Pasture, as <br />listed below: <br />Area 1 5.4 <br />Area 2 196.1 <br />Area 5 26.8 <br />Area 6 13.2 <br />The Study areas identified in Section 2.1 of the report include 59.4 acres <br />reclaimed dryland pasture. Map R-2 shows 62 acres as follows: <br />Area 3 23.8 <br />Area 4 38.2 <br />No acreage was provided for the roads. Please incorporate the correct acreages <br />into the application. <br />19) Western Fuels Colorado, LLC (WFC) submitted a report dated November 12, <br />2007 entitled, "2007 Vegetation Sampling for Phase 2 Bond Release: Irrigated <br />Pasture and Dryland Pasture". The summary provided on page 3 says that WFC <br />is seeking a Phase 2 and Phase 3 bond release which is what the report discusses. <br />A summary of the Phase 2 criteria and results is needed in the main body of the <br />bond release application. For Phase 2 bond release only the cover standard <br />applies and it must meet an approved standard. (See comment below on <br />standard.) <br />20) The report states that the portions of NH-2 reclaimed lands eligible for Phase 2 <br />are shown on Figure 1. Figure 1 shows the 2007 vegetation sampling areas for <br />Phase 2 and Phase 3. Comparing Map R-2 of the bond release application to <br />Figure 1 from the Vegetation report, it appears all areas sampled are eligible for <br />Phase 2. Please confirm or clarify. <br />21) WFC does not have approval for the Irrigated Pasture reference area that WFC is <br />using as the revegetation standard in this application. The approved standard <br />currently in the permit is a technical standard of 71.8%. The application must be <br />revised to demonstrate success using a comparison of the vegetative cover data <br />from the Irrigated Pasture reclaimed parcels to the approved technical standard of <br />71.8%. The reclaimed irrigated pasture parcels must be at least 90% of 'the <br />standard (64.6%) to demonstrate success.